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      If you are buying a used car – you need to read this survival guide.
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      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Meeting the Bank!!!!!!!!!!

laura22andrews
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laura22andrews

laura22andrews

Posted
Posted

Hi All,

 

I am kinda new to this board and read through most of the posts and FAQ's. I was just wondering if anyone was suing the Airdrie Savings Bank? Thats the bank im suing but because its a small independent bank and only has around 7 branches, might it be more difficult for me to sue?

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Ewan

Ewan

Posted
Posted

Dont see why, should well be easier :D

 

Smaller banks have more to fear.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.

  • Phone call same day offering full amount + fees.


RESULT!!

 

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  • 2 weeks later...
laura22andrews

laura22andrews

Posted
  • Author
Posted

Hi All,

 

I sent a preliminary approach for payment, and the bank replied saying they would like to meet me to discuss. Should i meet them, and what do they want to meet me for???

 

Any help is appreciated.

 

Regards

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gordonhall

gordonhall

Posted
Posted

No, refuse to meet them. Tell them all response must be in written form and remind them that the clock is ticking, before you take further action.

 

they will try to talk you round, and we can't have that now can we?!?!?

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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natalie

natalie

Posted
Posted

Hi

 

Can you tell us which bank it is so that it can be put in the appropriate forum please.

 

I think this is a delay tactic, I would just continue with the next letter when the 14 days is up, meet them if you want to , but dont expect anything other than them trying to put you off.

 

Natalie

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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surreyscouse

surreyscouse

Posted
Posted

I'm with Gordon here. Get the response back to them immediately informing them that you do not want to meet with them at this time. You just want your money back.

 

Feel free to consider meeting them once you have your charges back as they may (Ha!) be trying to help you out for some reason !

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MARTIN3030

MARTIN3030

Posted
Posted

Tell them you are busy.................but prepared to consider their request as long as they are prepared to pay your charges.................

 

 

:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted

And I am not talking about bank charges here.........................

 

:cool:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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laura22andrews

laura22andrews

Posted
  • Author
Posted

Hi All,

 

Thank You for your replies. I was just looking for your opinions as i kinda guessed they were either going to fob me off or try and delay time or worse, talk me out of suing them.

 

Sorry if i posted in the wrong place but i really dont have a clue as i dont use forums (only started using this one). I will right a nice letter explaining, as i work 9 to 5, i cant meet them unless they pay my lost wages Ha ha, as if.

 

Regards,

 

Laura.

 

Ps i am with the Airdrie Savings Bank, they are a small Scottish bank.

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MARTIN3030

MARTIN3030

Posted
Posted

You dont seem to be doing so bad up to now.

 

 

I would be wary about telling them you have a regular 9 to 5 job tho....................They may think you can afford to pay their charges lol

 

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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thecornflake

thecornflake

Posted
Posted

I'd be wary of this - if you refuse to meet with them and then the case goes to court could they argue that you didn't give them reasonable chance to negotiate/refund the money? This is after all the main reason we send several letters rather than starting court action straight away.

 

Or I'm reading too much into it and they just want to talk you out of it. As you'd be litigating in person if it did go to court you can get away with a few things as you're not expected to know as much about the legal system as a lawyer, so I don't see it seriously damaging your case.

 

Personally I would meet them anyway just to see what they said (under condition they allowed me to record the meeting). If you're confident they can't talk you out of it I don't see what you've got to lose.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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MARTIN3030

MARTIN3030

Posted
Posted

Theres arguements both ways,but its Lauras choice as to whether she wants to negotiate face to face or by other means.

 

If its shown to be a point on which they could have an advantage on later,then obviously she needs to think about that.

 

The general consensus here is that she should not go down this route.

 

Theres nothing to stop her from declining their offer due to the large number of commitments she has got which does not afford her the time .......?

 

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Bookworm

Bookworm

Posted
Posted

It would not be seen as unreasonable to refuse the meeting.

 

OP is planning legal action,and has every right to demand that any communication between herself and defendant be made in writing. She does not have to offer any other explanations or excuse, and should not.

 

In fact, my feel is that if she does that, that may well convince the bank to take her more seriously.

 

Can I point out something I see a lot in the forum? As opposed to a compensation case, for example, there is no duty to mitigate, meet half-way if you will. You are claiming a certain amount as due, 100% refund closes it. Your duty to mitigate goes as far as trying to keep out of court (hence the letters), NOT to negotiate a lower payment.

 

If you're not sure, think about it: Would your local council accept 1/2 your council tax to settle your bill if you fell behind? Would your creditor accept less than 100% repayments when you default ? (forget exceptional circumstances for a sec)

 

So no. If they want to meet, if they offer 50%, it is not "bad form" to refuse. Your claim, your rules.

 

.off soapbox. ;)

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thecornflake

thecornflake

Posted
Posted

Good points and I'm not recommending her to meet with them as such. Just pointing out something we may not have thought of that may need to be taken into account.

 

The having other commitments excuse is a good one. And it sounds like they haven't specifically said it is to discuss this matter anyway in which case I would possibly recommend going.

 

EDIT: Just read Bookworm's post - Good point in that you only have give them reasonable TIME in which to pay the full amount claimed which doesn't require meeting in person. I now agree more so that you shouldn't attend a meeting with them. Thanks BW for clarifying.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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laura22andrews

laura22andrews

Posted
  • Author
Posted

Hi All,

 

I have sent them a letter saying :

 

''I refer to your letter dated 2nd June regarding repayment of bank charges.

Unfortunately, as I work full time, and have other commitments after work, I am unable to meet in person.

Furthermore, I would prefer all correspondence to be on paper so I have a physical record of all communication for legal reasons.

I have also been advised to remind you that the deadline to accept my request is on the 12th June.

(‘I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment’.)''

What do you all think???

Regards,

Laura

 

 

 

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Bookworm

Bookworm

Posted
Posted

Personally? Honestly? I think you're being too gentle. You are apologising for asserting your rights.

 

I would have no "unfortunately", no "I would prefer". Don't give them a choice, they'll pounce on it. In my experience, short and not sweet works best:

 

Dear Sir/Madam,

 

Following your request I should arrange a meeting with yourselves, I would like to point out that I find this highly inappropriate, considering that I have started legal action against you.

 

Please note that I request any communication between you and me to be in writing until the said legal action is resolved.

 

I remind you that the deadline.... etc... that's good.

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laura22andrews

laura22andrews

Posted
  • Author
Posted

Hi All,

 

I thought i was being too nice in my letter but reasoned maybe if im nice to them they will be nice to me.:D Lol, as if. I will let you all know how they reply, as the deadlines getting closer (12th).

 

Thank you all for your help, you have been very helpful.

 

Regards,

Laura

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laura22andrews

laura22andrews

Posted
  • Author
Posted

Hi All,

 

This morning i received a reply from the bank saying:

 

' As you are aware, on 5 April, the OFT issued a statement advising that, in their opinion, the default charges for credit cards were unfair and requested that credit card companies review their charges against the OFTs suggested threshold limit of £12. In May the OFT announced that they would be investigating the market relating to bank charges and made it clear that the £12 limit on credit cards will not be applied automatically to bank charges.'

 

THey then basically go on to say they wont refund my charges, that they are fair and lower than their competitors.

 

Should i reply to this letter or go ahead and send them the letter before action???

 

Any help greatly appreciated.

 

Regards

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Giveitback

Giveitback

Posted
Posted

Even if these new charges were fair (and they aren't) how many of your charges are at this rate?

 

Forget it. Stick to your schedule.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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MARTIN3030

MARTIN3030

Posted
Posted

Just on the subject of charges...........my bank (Halifax charges 39.00) for a failed cheque whilst the missus bank Hsbc only a tenner.

I think they were ready for the oft rulings and have been charging less.

The Halifax also slap you with an automatic 28.00 unauthorised overdraft charge at the end of the month meaning if you have no overdraft a failed cheque will cost 67 quid.

 

 

:shock:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 12 years later...
laura22andrews

laura22andrews

Posted
  • Author
Posted

This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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